Be bought a firearm with his own money...it's his, his intent after that is his own business.
Not exactly, Intent before the purchase is Key.
Be bought a firearm with his own money...it's his, his intent after that is his own business.
there's a lot of people on here who could end up on the wrong side of the law.
Not exactly, Intent before the purchase is Key.
That is thought police hogwash. Who are you to establish intent?Not exactly, Intent before the purchase is Key.
If they buyer expresses an intent to act as an agent for another person...yes it is probably a straw man.
Horsehockey.......he stated his intention to the store clerk with her standing right beside him.zukiphile ....Tom, if you review AHG's post, you will see that he does not state any understanding between he and his "lady friend". A purely subjective understanding of an individual doesn't create agency.
No, it isn't.zukiphile .....If you want to buy a gun for me, you can, but you have to buy it first. Once it's yours, well...it's yours.
Really?chimoBottom line is that you don't know what you are talking about, despite multiple people attempting to save you from yourself.Quote:
Bottom line is aarondhgraham lied on the 4473.......it's a straw sale.
See........here's where you lost the plot, if you ever understood it in the first place, aarondhgraham stated in his first post that he had intended from the beginning to acquire the firearm with the specific intention of trading it IMMEDIATELY to a third party (his lady friend)....he even took her to the gun store to examine the pistol and for her approval.Be bought a firearm with his own money...it's his, his intent after that is his own business.
For one, I'm a licensed gun dealer. If I suspect a straw sale I am required to cancel the transaction.chimo.Quote:
Not exactly, Intent before the purchase is Key
That is thought police hogwash. Who are you to establish intent?
Nothing in Federal law or ATF regulations requires a buyer to express an intent to act as a agent for another person. The simple act of purchasing the firearm on behalf of another person is a straw sale (with the sole exception of a gift).If they buyer expresses an intent to act as an agent for another person...yes it is probably a straw man..
If you had read a shred of aarondhgrahams post you would know the answers to those "ifs".If the buyer expresses an intent to sell or trade the firearm to some unspecified party at some unspecified future time...that is not a straw man
No kidding.If the buyer expresses an intent to gift the firearm to some other party...that also is not a strawman.
I'm sure that people convicted of straw purchases have made many of these same arguments in court.
Dogtown tom said:Horsehockey.......he stated his intention to the store clerk with her standing right beside him.....Tom, if you review AHG's post, you will see that he does not state any understanding between he and his "lady friend". A purely subjective understanding of an individual doesn't create agency.
I bought a pistol specifically to trade away,,,
Dogtown tom said:.No, it isn't.....If you want to buy a gun for me, you can, but you have to buy it first. Once it's yours, well...it's yours.
You keep quoting Abramski, but fail to realize what he was convicted of.
Dogtown tom said:Federal law allows anyone to purchase a firearm as a genuine GIFT. Your statement above is misleading at best, an invitation to handcuffs at worst. NO ONE can buy a firearm for someone else with the expectation that they will be reimbursed.
Dogtown tom said:Not only is your reading comprehension at question, so is your mathematical skills. At last count only zukiphile seems to have attempted any disagreement.
Bottom line is, several licensed dealers are in this thread and every single one has agreed with me. Go get your FFL, start reading you some ATF regs and get back to us.
Dogtown tom said:Nothing in Federal law or ATF regulations requires a buyer to express an intent to act as a agent for another person. The simple act of purchasing the firearm on behalf of another person is a straw sale (with the sole exception of a gift).If they buyer expresses an intent to act as an agent for another person...yes it is probably a straw man..
How convenient you "forgot" to include the entire conversation that aarondhgraham had with the clerk:zukiphile Quote:
Originally Posted by Dogtown tom
Quote:
....Tom, if you review AHG's post, you will see that he does not state any understanding between he and his "lady friend". A purely subjective understanding of an individual doesn't create agency.
Horsehockey.......he stated his intention to the store clerk with her standing right beside him.
And what intent did he state?
Quote:
I bought a pistol specifically to trade away,,,
Above, you have assumed for the convenience of your conclusion both that the lady friend is the intended transferee and that they have come to agreement on an agency relationship before the FFL transfer.
Neither is stated in his post. See now?
He stated that he intended to buy the gun and immediately trade it to his lady friend. It a straw sale. He lied on the 4473. It's a felony.I bought a pistol specifically to trade away,,,
So I took my lady friend in to Academy to see if she liked the gun.
The guy behind the counter looked a bit concerned,,,
He asked me who was going to own the gun.
So I told him I was buying the gun myself,,,
But was immediately going to trade it.
Abramski was convicted for lying on the 4473. He answered that he was the actual buyer/transferee........he was not. It is the same situation as aarondhgraham except that his lady friend is trading him instead of writing a check.Quote:
Originally Posted by Dogtown tom
.
Quote:
....If you want to buy a gun for me, you can, but you have to buy it first. Once it's yours, well...it's yours.
No, it isn't.
You keep quoting Abramski, but fail to realize what he was convicted of.
Tom, I haven't kept quoting Abramski. I quoted it for you once. I haven't failed to realize what "he was convicted of". I read the case.
Is it possible that your sense that others need to read more is projection?
Oh good grief......read the instructions on the 4473 and tell me what exception there is other than giving a gun as a gift?Quote:
Originally Posted by Dogtown tom
Federal law allows anyone to purchase a firearm as a genuine GIFT. Your statement above is misleading at best, an invitation to handcuffs at worst. NO ONE can buy a firearm for someone else with the expectation that they will be reimbursed.
That is incorrect. One who buys a firearm expecting to sell it to another in the future and who expects re-imbursement on sale does what every second hand seller does.
I wasn't making an appeal to popularity, he was....I was correcting his math error.Quote:
Originally Posted by Dogtown tom
Not only is your reading comprehension at question, so is your mathematical skills. At last count only zukiphile seems to have attempted any disagreement.
Bottom line is, several licensed dealers are in this thread and every single one has agreed with me. Go get your FFL, start reading you some ATF regs and get back to us.
An appeal to popularity is a fallacy. Clear reasoning will not incorporate it.
What "authority"? I haven't quoted or referred to anyone in authority....that would be ATF. What I did do was point out the opinions of other FFL's who have commented in this thread. Don't you feel a little nervous that not a single FFL in this thread has agreed with you?An appeal to authority is also a fallacy, though simple federal firearm licensing isn't a stand in for authority to construe code or caselaw.
Nope.Note that while you chide others to read, your count above may be off a bit.
So.....you agree with me?Quote:
Originally Posted by Dogtown tom
Nothing in Federal law or ATF regulations requires a buyer to express an intent to act as a agent for another person. The simple act of purchasing the firearm on behalf of another person is a straw sale (with the sole exception of a gift).Quote:
If they buyer expresses an intent to act as an agent for another person...yes it is probably a straw man..
Your first sentence is correct if you mean it from the vantage point of the FFL; a buyer need not express fraudulent intent to the ffl.
Your second sentence is ambiguous. If "on behalf of" means according to an agreement between agent and principle, you are correct.
FFL or not, caution is often a virtue; if you exhibit that caution in your sales that's great. A more cautious approach to evaluating the legality of a transaction from a single online post might have saved you from jumping to conclusions about facts not available to you. It might also restrain you from assuming that anyone who disagrees with you "needs to read".
Dogtown tom said:Yet you continue to toss around the concept of "agency" between the purchaser and actual transferee/buyer as if that matters.....it doesn't.
Dogtown tom said:How convenient you "forgot" to include the entire conversation that aarondhgraham had with the clerk:
I bought a pistol specifically to trade away,,,
So I took my lady friend in to Academy to see if she liked the gun.
The guy behind the counter looked a bit concerned,,,
He asked me who was going to own the gun.
So I told him I was buying the gun myself,,,
But was immediately going to trade it.
He stated that he intended to buy the gun and immediately trade it to his lady friend. It a straw sale. He lied on the 4473. It's a felony.
Stop being obtuse.
Dogtown tom said:Abramski was convicted for lying on the 4473. He answered that he was the actual buyer/transferee........he was not. It is the same situation as aarondhgraham except that his lady friend is trading him instead of writing a check.
Dogtown tom said:Oh good grief......read the instructions on the 4473 and tell me what exception there is other than giving a gun as a gift?
What part of Question 11a do you not understand?
Dogtown tom said:What "authority"? I haven't quoted or referred to anyone in authority....that would be ATF. What I did do was point out the opinions of other FFL's who have commented in this thread. Don't you feel a little nervous that not a single FFL in this thread has agreed with you?
Dogtown tom said:When you write: "If you want to buy a gun for me, you can, but you have to buy it first. Once it's yours, well...it's yours."......you are factually incorrect.
If the USSC agreed Mr. Abramski would be a free man, he is not.
Dogtown tom said:Nope.
Chimo made the claim, at that point only you were in complete disagreement.
steve4102 actually posted Frank Ettin's examples that make my point.
steve4102 said:Actually Zukiphile is correct.
Read Frank Ettin's Definitions posted above.
Here it is again.
tom said:So.....you agree with me?
By any standard the purchase by aarondhgraham was a straw sale.
You can obfuscate all you want but he was not the actual transferee/buyer.
Originally Posted by Dogtown tom
Nope.
Chimo made the claim, at that point only you were in complete disagreement.
steve4102 actually posted Frank Ettin's examples that make my point
An FFL does not need to know the underlying principle of "agency relationship" is in order to know if it's a straw sale. ATF gives excellent examples for dealers to use as did Frank Ettin.zukiphile You will forgive me for addressing your points out of order; let me know if you think that does your position an injustice.
Quote:
Originally Posted by Dogtown tom
Yet you continue to toss around the concept of "agency" between the purchaser and actual transferee/buyer as if that matters.....it doesn't.
If you do not understand that an agency relationship is necessary in order for a straw sale to occur, you can't understand what a straw sale actually is. Reading examples on a form isn't a substitute for understanding the underlying principle.
See? Yes I do. You bolded "his lady friend" in my comment and claimed it wasn't in the text I quoted. I think you need to look again. I bolded it in red See?Quote:
Originally Posted by Dogtown tom
How convenient you "forgot" to include the entire conversation that aarondhgraham had with the clerk:
Quote:
I bought a pistol specifically to trade away,,,
So I took my lady friend in to Academy to see if she liked the gun.
The guy behind the counter looked a bit concerned,,,
He asked me who was going to own the gun.
So I told him I was buying the gun myself,,,
But was immediately going to trade it.
He stated that he intended to buy the gun and immediately trade it to his lady friend. It a straw sale. He lied on the 4473. It's a felony.
Stop being obtuse.
Emphasis added. I bolded the part that isn't in the text you just quoted. I've underlined the part that is merely your repeated conclusion.
See?
Funny, but this synopsis from the US Supreme Court seems to believe otherwise:Quote:
Originally Posted by Dogtown tom
Abramski was convicted for lying on the 4473. He answered that he was the actual buyer/transferee........he was not. It is the same situation as aarondhgraham except that his lady friend is trading him instead of writing a check.
That is incorrect.
In Abramski, the defendant received payment prior to the transfer, indicating that he and his uncle had already reached a principle-agent agreement. On the other hand, Lady Friend hadn't conducted the trade prior to the FFL transfer.
ABRAMSKI v. UNITED STATES
Syllabus
if a would-be gun buyer could evade them all simply by enlisting the aid of an intermediary to execute the paperwork on his behalf. The statute’s language is thus best read in context to refer to the actual rather than nominal buyer. This conclusion is reinforced by this Court’s standard practice of focusing on practical realities rather than legal formalities when identifying the parties to a transaction. Pp. 7–19.
(b) Abramski argues more narrowly that his false response was not material because his uncle could have legally bought a gun for himself. But Abramski’s false statement prevented the dealer from insisting that the true buyer (Alvarez) appear in person, provide identifying information, show a photo ID, and submit to a background check. §§922(b), (c), (t). Nothing in the statute suggests that these legal duties may be wiped away merely because the actual buyer turns out to be legally eligible to own a gun. Because the dealer could not have lawfully sold the gun had it known that Abramski was not the true buyer, the misstatement was material to the lawfulness of the sale. Pp. 19–22.
2. Abramski’s misrepresentation about the identity of the actual buyer concerned “information required by [Chapter 44 of Title 18 of the United States Code] to be kept” in the dealer’s records. §924(a)(1)(A). Chapter 44 contains a provision requiring a dealer to “maintain such records . . . as the Attorney General may . . . prescribe.” §923(g)(1)(A). The Attorney General requires every licensed dealer to retain in its records a completed copy of Form 4473, see 27 CFR §478.124(b), and that form in turn includes the “actual buyer” question that Abramski answered falsely. Therefore, falsely answering a question on Form 4473 violates §924(a)(1)(A). Pp. 22–23.
706 F. 3d 307, affirmed.
KAGAN, J., delivered the opinion of the Court, in which KENNEDY, GINSBURG, BREYER, and SOTOMAYOR, JJ., joined. SCALIA, J., filed a dissenting opinion, in which ROBERTS, C. J., and THOMAS and ALITO, JJ., joined.
I know.Quote:
Originally Posted by Dogtown tom
Oh good grief......read the instructions on the 4473 and tell me what exception there is other than giving a gun as a gift?
What part of Question 11a do you not understand?
None of it.
That doesn't even make sense.There are a number of scenarios not mentioned in your form instructions that are not examples of straw purchases.
And I didn't agree to an immediate trade beforehand did I?Here's one. I buy a rifle because it is a great deal. I know you love rifles and that I will see you in a week. I see you, you love the rifle and sell it to you.
One doesn't need to understand the legal foundation to understand that there is a penalty for running a red light.Quote:
Originally Posted by Dogtown tom
What "authority"? I haven't quoted or referred to anyone in authority....that would be ATF. What I did do was point out the opinions of other FFL's who have commented in this thread. Don't you feel a little nervous that not a single FFL in this thread has agreed with you?
No. Holding an FFL doesn't suggest competence to understand the legal issue, as demonstrated by your insistence that agency isn't related pertinent to the issue of a straw purchase.
I meant every word.Quote:
Originally Posted by Dogtown tom
When you write: "If you want to buy a gun for me, you can, but you have to buy it first. Once it's yours, well...it's yours."......you are factually incorrect.
If the USSC agreed Mr. Abramski would be a free man, he is not.
Factually incorrect? I don't think you meant that.
Except aarondhgraham (like Abramski) was not the actual transferee/buyer.As in my prior example, if you want to buy a gun then give or sell it to me, you can. You just aren't able to do it without being the actual purchaser first. Once you are the actual purchaser, you may sell or give it to me.
I've read it, so has thousands of other FFL's.......it's the same straw purchase scenario we've been working with for decades.Abramski was found to have done something different because he had an agency relationship with his uncle. If you want me to direct you to the discussion of that in the decision, I am happy to. However you seem displeased by the time I quoted it for you.
As should you. I already mentioned it once.Quote:
Originally Posted by Dogtown tom
Nope.
Chimo made the claim, at that point only you were in complete disagreement.
steve4102 actually posted Frank Ettin's examples that make my point.
Tom, you might like to review Steve's posts.
See the sixth example given by frank Ettin. Fits this thread perfectly.Quote:
Originally Posted by steve4102
Actually Zukiphile is correct.
Read Frank Ettin's Definitions posted above.
Here it is again.
I am confident that isn't your point.
Then argue with the US Supreme Court and ATF.Quote:
Originally Posted by tom
So.....you agree with me?
By any standard the purchase by aarondhgraham was a straw sale.
You can obfuscate all you want but he was not the actual transferee/buyer.
No, tom. I don't share your conclusion.
Explaining the role of agency to you isn't obfuscation.
So.....you are only going to choose Frank Ettin's examples that you agree with?steve4102 Quote:
Originally Posted by Dogtown tom
Nope.
Chimo made the claim, at that point only you were in complete disagreement.
steve4102 actually posted Frank Ettin's examples that make my point
Not from where I sit.
X= aarondhgrahamQuote:
If X takes his money and buys the gun with the understanding that he is going to transfer the gun to Y and that Y is going to reimburse him for it, X is not the actual purchaser. He is advancing X the money and buying the gun for and on behalf of Y, as Y's agent. So this would be an illegal straw purchase.
Pretty easy to speculate when aarondhgraham pretty much told the whole story.You are "speculating" that the lady Friend and aarondhgraham had a prior arrangement.
Read his post....if you don't think bringing her to the gun store wasn't a prior arrangement I'm sorry.This is something we will never know as fact, therefore it was not a straw unless there is proof of this prior arrangement.